Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP

Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 30 of 139
Rimkus by preparing to form U.S. Forensic before he left Rimkus in October 2006. Rimkus
alleges that Bell, Cammarata, and DeHarde planned and made preparations to set up U.S.
Forensic and compete against Rimkus long before they resigned. The record shows that Bell
registered the domain name “www.usforensic.com” on February 28, 2006. (Docket Entry
No. 321, Ex. F). During the summer of 2006, Bell met with a lawyer, contracted with a
company to host a web site, filed a trademark application, and prepared a corporate logo for
U.S. Forensic. (Id., Exs. G, H, R, S). On October 1, 2006, Bell created U.S. Forensic
résumés for himself, Cammarata, and DeHarde. (Id., Ex. I). Corporate formation documents
for U.S. Forensic were filed with the Louisiana Secretary of State on October 5, 2006. (Id.,
Ex. J). On October 13, 2006, Bell’s wife filed an application for U.S. Forensic to practice
engineering in the State of Louisiana. (Id., Ex. T).
Bell testified in his deposition that he did not agree to form a new company until after
he had resigned from Rimkus. (Id., Ex. D, Deposition of Gary Bell, at 423:13–:18). Bell
testified that he told DeHarde and Cammarata he was leaving and “they said they were
leaving, and – and so we talked about maybe we should do something together. And, I – I
think, it was that vague, you know, maybe we should do something together, maybe we
talked a little bit about it, you know, after hours or something here, might have a phone call
about it, and – but no real – once – once I left, that’s when we kind of really kicked it into
high gear.” (Id. at 424:13–:22). On September 30, 2006, Bell emailed Cammarata, DeHarde,
and Bill Janowsky, an engineer at another Louisiana firm, to inform them that Rimkus had
made him some lucrative offers to entice him to retract his resignation but that he would go
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